Sub-Let Room to Massage Therapist - Left Before Paying Rent

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now
23 June 2014
2
0
1
I run a small fitness studio, and have been sub-letting a room for use as a massage therapy. The therapist gave me 3 months notice she was leaving, but at the start of the last month, has left the building and not paid the month's rent that was due that day. We had a month by month contract, but she did give me 3 months notice via email (so written).
Nothing was signed, but when I gave her the invoice for the upcoming month (two weeks prior) she said nothing about leaving early.
Do I have a legal right to fight for the four weeks rent and last 3 months of electric under contract law? She also left the carpet in need of cleaning, as there is massage oil all over it. Can I get her to pay for cleaning it?
 

John R

Well-Known Member
14 April 2014
689
174
2,394
Sydney
Hi Maggie,
Do you still have contact with the massage therapist? Have you asked them to uphold their end of the verbal agreement that you had?
 
23 June 2014
2
0
1
I have sent her an email, pointing out that she gave me 3 months notice, not heard anything back yet, but it's only been a day.

She claimed she left because the room was too hot and too cold, traffic noise, building noise and that the two businesses didn't work together well.
I gave her 7 days to pay the expected rent, and electric, I mentioned that the carpet was in need of cleaning now, but that I will forgo that if she pays the money that I was expecting for the next four weeks.
I'm just curious to see if i have any legal right to take her to the small claims court, if she doesn't pay, which I don't expect her to.
 

Michael T

Well-Known Member
9 April 2014
151
23
454
Hi Maggie
In the absence of a contract, it appears that you would be relying only on the unpaid invoice/s to 'prove' the debt is owing to you.
Is this correct?